Click here to view entire ordinance
SALT LAKE CITY ORDINANCE
No. 88 of 1999
(Administrative Traffic Enforcement Program)
AN ORDINANCE ENACTING CHAPTER 2.75, SALT LAKE CITY CODE, RELATING TO ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM AND OTHER RELATED CHANGES.
WHEREAS, the City Council believes a Civil Traffic Enforcement Program with an Administrative Law Judge to be the most efficient method of handling most vehicle traffic violations while providing justice to offenders, witnesses, and others affected by the actions of offenders; and
WHEREAS, it is the intent of the City Council to have the Administrative Law Judge be independent of the Council and Mayor while being held accountable for the faithful administration of his/her duties; and
WHEREAS, after extensive study and analysis of this issue, the City Council finds this ordinance to be in the best interest of the City;
NOW. THEREFORE. be it ordained by the City Council of Salt Lake City.
Utah:
SECTION 1. That Section 2.59.010 of the Salt Lake City Code shall be and hereby is amended to read as follows:.
2.59.010 Purpose.
It is the purpose of this chapter to provide for the issuance of city subpoenas for any reason to the full extent authorized by state law, including but not limited to Section 10-3-610, Utah Code Annotated.
SECTION 2. Section 2.59.030 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
2.59.035 Administrative Law Judge Subpoenas.
A. Administrative Law Judges may authorize a subpoena to compel the attendance of witnesses and to give testimony or to produce records and documents or other items.
B. The subpoena may be authorized upon signature of an Administrative Law Judge. No counter signature shall be required.
SECTION 3. Section 2.59.040 of the Salt Lake City Code shall be and hereby is amended to read as follows:
2.59.040 Issuance of Subpoenas.
A. All city subpoenas shall be issued by the city recorder’s office. The recorder’s office shall keep a record containing: (1) the date of issuance, (2) the matter of for which the subpoena was issued, (3) returns of all subpoenas, and (4) at whose request the subpoena was issued.
B. All subpoenas shall be issued with an original and a copy. The original, together with proof of service, shall be returned to the recorder’s office and a copy left with the person upon whom it is served.
C. The subpoena shall be issued in the name of the city and shall be entitled “City Subpoena” and shall state whether it is before the legislative branch, the executive branch, or the Administrative Law Judge. The subpoena shall state the title of the matter being heard and shall command each person to whom it is directed to attend and give testimony and/or produce records or documents at a time and place specified in the body of the subpoena.
SECTION 4. Chapter 2.75 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
Chapter 2.75
ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM
2.75.010 Definitions
Whenever the following terms are used in this Chapter, they shall have the meanings set forth herein.
A. “Administrative Citation” shall mean a civil finding by a law enforcement officer that a violation of Title 12 of the City Code, as provided in Section 2.75.020, has occurred.
B. “Administrative Enforcement Program” shall mean a non criminal enforcement of traffic laws and such other enforcement programs as may be designated by city ordinances.
C. “Administrative Law Judge” or “AU” shall mean a person selected to be the final decision maker of non criminal traffic matters and such other administrative adjudications as may be designated by City ordinances.
D. “Civil Penalty” shall mean the fine, forfeitures or assessment imposed by the AU in the Administrative Enforcement Program.
E. “Referee” shall mean an individual designated as a hearing officer, violation coordinator, or such other term which designates an individual who has authority to make decisions regarding Administrative Citations that have been issued by a law enforcement officer, and before the matter is referred to the AU.
2.75.020 Administrative Law Judge
A. DUTIES. The AU may: (1) establish policies and procedures for handling appeals consistent with the purposes and intent of this chapter; (2) formulate and maintain a schedule of penalties, surcharges and assessments; (3) issue administrative subpoenas in accordance with Chapter 59 Title 2 of the City Code; (4) give to the City Director of Management Services any and all information necessary for disciplinary action should any staff violate City policies or the AU policies and procedures.
B. POLICIES AND PROCEDURES. The AU has authority to establish written policies and procedures consistent with the purposes and intent of this Chapter.
C. TERM. The AU shall serve for 6 years or until such time as the position is eliminated from the City staffing document, whichever may occur first. The AU may be reappointed to a subsequent term, without engaging in the entire selection process described above, upon nomination by the Mayor and consent by the City Council.
D. REMOVAL. The AU shall be subject to removal during the term of office for cause, including but not limited to malfeasance, misfeasance or nonfeasance.
E. NUMBER. The number of ALJs shall be at least one, but may be as many as the case load may require and as funded by the City Council.
F. PRESIDING AU. In the event there is more than one AU, the presiding AU shall be selected by vote of ALJs, but no AU may serve more than one consecutive term as presiding AU. The term for the presiding AU shall be two years.
2.75.030 Administrative Law Judge Selection Process
A. NOMINATING COMMISSION: A nominating commission of five residents of Salt Lake City shall be selected by the Mayor to nominate a qualified person to serve as AU. The nominating commission members shall be selected so that there is no more than one member selected from any one City Council District. No more than three members shall be members of the same political party. At least one but no more than three members of the commission shall be members, of the Utah State Bar.
B. PANEL OF NOMINEES: The commission shall select a panel of five qualified persons whose names are to be submitted to the Mayor. The Mayor shall select one person from the panel and shall forward the name of the selected person to the City Council for their advise and consent. Should the City Council refuse consent, the Mayor may choose another person from the panel or may request the Commission to select a new panel of nominees.
C. QUALIFICATIONS: The Administrative Law Judge shall be (1) admitted to practice law in the State of Utah; (2) a member in good standing of the Utah State Bar; (3) at least 25 years of age; and (4) a Utah resident for three consecutive years immediately preceding selection.
2.75.040 Pro Tern pore Administrative Law Judge
The Mayor shall have power, any time after adoption of this Chapter, to appoint an AU to act pro tempore under the following circumstances: (1) until such time as a vacant AU position is filled permanently in accordance with this Chapter; or (2) to fill any temporary vacancy of more than thirty (30) days.
2.75.050 Referee
A. DUTIES. Consistent with the policies and procedures promulgated by the AU, the Referee may receive civil penalties, surcharges, and assessments owed; certify to the State that violations did occur so that points may be assessed to the violator pursuant to U.C.A. §53-3-221; reduce civil penalties owed; dismiss citations upon payment of fees and attendance at traffic school; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the AU to carry out the purposes of this Chapter in accordance with justice and equity.
B. ACCOUNTABILITY. The Referee shall serve as the staff for the
AU but shall be supervised as an employee under the direction of the City
Director of Management Services or his/her designee.
2.75.060 Civil Violations
A. When an Officer determines that a violation of Title 12 has occurred, the Officer may only issue an Administrative Citation as provided in this Chapter.
B. An Officer shall not issue an Administrative Citation for any of the following violations of the City Code, which shall continue to be processed pursuant to criminal procedures:
1. Section 12.12.090 (Cruising);
2. Sections 12.16.010 through 12.16.120 (Accidents);
3. Section 12.20.010 (False information);
4. Section 12.24.010 (Violations of driver licensing and no fault insurance requirements);
5. Section 12.24.100 (Driving under the influence of drugs or alcohol);
6. Section 12.36.020 (Speed limits), if the person is operating a vehicle at a speed greater than 24 miles per hour over the speed limit;
7. Section 12.52.350 (Reckless driving);
8. When any person has three or more moving violations in a single episode; or 9. When any violation of Title 12 occurs in conjunction
with any of the violations listed above or in conjunction with any other criminal violation.
2.75.070 Parking Violations
The provisions of 12.56.550 (Parking violations) shall be administered as a part of this Administrative Enforcement Program.
2.75.080 Appeals of Administrative Citations
A. The AU shall hear and decide all appeals of Administrative Citations.
B. Any person having received an Administrative Citation shall within 20 days either pay the civil penalty, surcharge or assessment as contained in the fee schedule, or file a written request for a hearing before the AU.
C. Any person receiving an Administrative Citation who requests a hearing may choose to discuss the matter with a Referee for informal resolution prior to the hearing before the AU.
D. If the matter is resolved by the Referee, the hearing request shall be dismissed.
E. Hearings before the AU may be informal, but shall be conducted in a manner to provide adequate due process to all parties, including, but not limited to the following: (1) the right to appear in person or represented by counsel; (2) the right to subpoena witnesses at the expense of the requesting party in accordance with Chapter 2.59 of the City Code; (3) Utah Rules of Evidence and Utah Rules of Civil Procedure may be used as guidelines in the conduct of hearings, but need not be strictly followed or applied; (4) persons or their attorneys have the right to cross examine witnesses; (5) all proceedings before the AU shall be recorded by audio recording which, together with any documents in the file, shall constitute the official record of the proceedings; and (6) the AU shall make written findings of fact and conclusions of law as part of the decision.
F. In a hearing before the AU the City bears the burden to prove the existence of a violation by a preponderance of the evidence.
C. If the AU finds that the burden of proof has not been met, the AU shall dismiss the Administrative Citation.
H. If the AU finds that a violation did occur, the AU may enter such finding, assess or reduce the penalties, surcharges and assessments as justice requires; certify the violation to the State so that points may be assessed to the violator; enter into an agreement for the timely or periodic payment of the penalties, surcharges and assessments; require attendance at traffic school; or take any other action consistent with this Chapter.
I. If the penalties, surcharges and assessments imposed pursuant to this Chapter remain unsatisfied after twenty (20) days from the issuance of the Administrative Citation and no written request for a hearing has been filed, or ten (10) days have passed from the date of payment ordered by the AU, the City may use such lawful means as are available to collect such penalties, surcharges, and assessments, including costs and attorney’s fees. Any additional penalties are stayed upon filing the request for hearing.
2.75.090 Schedule of Penalties, Surcharges and Assessments
A. The AU shall formulate and maintain for public review a Civil Penalty, surcharge, and assessment schedule. The schedule shall list standard penalty amounts for violations of Title 12. Between the effective date of this ordinance and the date that the AU adopts the schedule, penalties, surcharges and assessments shall be imposed according to the Interim Schedule attached hereto as Exhibit “A” Insofar as is practical the AU shall follow Rule 4-302 of the Rules of Judicial Administration in establishing the penalty schedule.
B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed those prescribed for class B misdemeanors as set forth in U.C.A. § 76-3-301 and 303, as amended.
C. Revenues obtained from Administrative Citations in excess of budgeted amounts shall be segregated from other funds. Such funds will not be spent until appropriated by the City Council.
2.75.100 Surcharge Fees
A. The AU shall assess a building fee surcharge equal to the State fee provided in U.C.A. § 21-1-5(2)(d)(ii). The City shall remit the building fee surcharge to the State for use as specified in U.C.A. § 21-1-5(3) until such time as the bonding indebtedness for the Matheson Courthouse is retired.
B. The AU shall also assess a traffic mitigation surcharge as provided in U.C.A. §63-63b-101. The City shall retain the traffic mitigation surcharge and report its use as specified in U.C.A. §63-63b-101.
C. The AU shall also assess the State surcharge as provided in
U.C.A. § 63-63a-1. The City shall pay all of said surcharge to the State of Utah.
If the State does not accept, or rebates such funds, the funds shall be retained
by the City.
2.75.110 Appeals From AU Decisions
Appeals from AU decisions shall occur by filing an action in the Third District Court in accordance with Utah state law for review of local government administrative decisions.
SECTION 5. This ordinance shall take effect on December 1, 1999, or upon the date of first publication, whichever occurs later.
Passed by the City Council of Salt Lake City, Utah this 9th day of November, 1999.
Bill No. 88 of 1999.
Published: November 26, 1999.